Khushi
The Kerala High Court on Monday allowed a 13 year old sexual assault survivor to terminate her 26-week pregnancy.
In a special sitting, the Bench of Justice Bechu Kurian Thomas allowed the petition moved by the father of the sexual assault survivor.
The Bench in the order remarked, “It (the pregnancy) may even have the possibility of reminding the victim of the incident of rape. It is obviously not in the interest of society to have this young victim undergo the trauma of the incident of rape everyday in her life. The anguish that the pregnancy causes to her will be lifelong and she may have to live with the traumatic experience throughout her life.”
The girl, after she went to a hospital complaining of a stomach ache, was found pregnant. The sexual assault was allegedly committed by her 14 year old brother.
The Court followed the decisions taken by the Supreme Court in Sarmishtha Chakrabortty v. Union of India and the Kerala High Court in Neethu Narendran v. State of Kerala. In both these decisions, the termination after 23 weeks of pregnancy was allowed.
A Medical Board was constituted since the child’s pregnancy was beyond the gestational age of 20-24 weeks. The Board found that the termination would involve the risk of the foetus being born alive.
Further, it involves the risk of the need for multiple inductions and a surgical intervention if the induction failed. Subject to this risk, the termination could be allowed, the Board had submitted.
The court observed, “The termination of pregnancy was allowed if a Medical Board opined that continuing the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical and mental health or there is a substantial risk to the child after born.”
The Court ordered the termination to be done within 24 hours of the 12 PM on April 19.
Additionally, the Court directed that the foetus’ tissue be collected for DNA identification and for the future purposes of the ongoing criminal investigation.